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(영문) 대전지방법원 2019.10.15 2018나119436
주식인도 등
Text

1. The appeal by the defendant C shall be dismissed;

2. The plaintiffs' appeal and the defendant D's appeal are dismissed.

3...

Reasons

1. The first instance court rendered a judgment dismissing the Plaintiff’s claim against the Defendant C on the ground that the Plaintiff’s claim against the Defendant C is unlawful as there is no benefit of lawsuit.

The appeal by the defendant C against this is unlawful as there is no benefit of appeal.

2. Determination on the appeal by the plaintiffs and defendant company

A. The grounds for appeal by the Plaintiffs and the Defendant Company are not significantly different from the allegations in the first instance court, and the fact-finding and determination by the first instance court are justified even if each evidence submitted to this court was presented to the first instance court.

Accordingly, except for the following determination as to the defendant's letter of ratification, the judgment of the court of first instance (except for the part of judgment as to the legitimacy of the lawsuit against the defendant C) is the same as the ground for the judgment of the court of first instance (except for the part of judgment).

B. 1) Determination as to the assertion of ratification of the legal act of the Defendant Company’s assertion 1) The Plaintiffs of the Defendant Company shall not revoke the conclusion that: (a) the Plaintiffs of the Defendant Company changed the name of G on February 7, 2017 following the instant share swap contract; (b) given the vehicle status table by N; (c) given the vehicle status table from N; and (d) made it clear that the Defendant Company would be expected to immediately repay G’s obligations; and (c) written a performance memorandum (No. 7 evidence 2) from N andO as of February 18, 2017; and (d) requested and ratified the implementation of the instant share swap contract by consultation with J as to the future distribution of revenues; (b) the ratification of the legal act whose judgment may be revoked shall take effect only after the cause for revocation ceases (Article 144 of the Civil Act) and shall be made an expression of intent to the other party to the revoked legal act (Article 144 of the Civil Act).

(Article 143(2) and Article 142 of the Civil Act). As seen earlier, only when the Plaintiffs were to leave February 14, 2017, the car status table No. 11 from the Defendant.

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